Gibbons v. Mahon
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was a bill in equity by Mary Ann Gibbons against Jane Owen Mabon to compel the transfer to the plaintiff of shares in the Washington Gaslight Company held by the defendant as trustee under the will of Ann W. Smith.
Read the full summary
APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was a bill in equity by Mary Ann Gibbons against Jane Owen Mabon to compel the transfer to the plaintiff of shares in the Washington Gaslight Company held by the defendant as trustee under the will of Ann W. Smith. The case was heard upon bill and answer, by which, and by the acts of Congress concerning that company, the facts appeared to be as follows: Mrs. Smith, a widow, arid the mother of both parties to this suit, died March 26, 1865, owning two hundred and eighty shares in that company, and leaving a last will, dated…
1Opinion of the CourtJustice Gray
The question presented by the claims made in the bill and answer, and by the arguments of counsel, is whether the two hundred and eighty new shares of stock in the Washington Gaslight Company are to be treated as dividends, to the whole or part of the principal of which the plaintiff is entitled under the will, or are to be treated as an increase of the cap-. ital of the trust fund, and the plaintiff therefore entitled to receive only the income thereof.
The court below held that the new shares must be treated as capital, the income only of which was payable to the plaintiff. She Gontends that…
2Cases cited17 opinions
- Van Allen v. AssessorsSupreme Court of the United States · 1866
- Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
- Minot v. PaineMassachusetts Supreme Judicial Court · 1868
- Tennessee v. WhitworthSupreme Court of the United States · 1886
- Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by221 opinions
- Eisner v. MacOmberSupreme Court of the United States · 1920
- Eisner, Internal Revenue Collector v. MacOmberSupreme Court of the United States · 1919
- Towne v. EisnerSupreme Court of the United States · 1918
- Southern Pacific Co. v. LoweSupreme Court of the United States · 1918
- Lynch v. HornbySupreme Court of the United States · 1918
216 more not listed; retrieve them via the Exa API.